Kushner Clearance Downgraded

He has had an interim Top Secret clearance for months, and now it has been reduced to a secret clearance, because, between his lies misstatements on his clearance forms and his extensive debts to a veritable rogues gallery he is a walking security risk.

We’ve already had reports of multiple foreign governments using his precarious financial situation and closeness to Donald Trump to attempt to derive leverage with the White House, so this was a logical decision to make.

And They Have Lost LeBron

In the wake of what appears to be a massive scandal breaking in the world of college basketball, NBA icon LeBron James blasted the organization as “corrupt” and beyond fixing, per ESPN.

“I don’t know if there’s any fixing the NCAA. I don’t think there is,” James said Tuesday. “It’s what’s been going on for many, many, many, many years. I don’t know how you can fix it. I don’t see how you can fix it.”

He went on to say, “I don’t know all the rules and regulations about it, but I do know what five-star athletes bring to a campus, both in basketball and football,I know how much these college coaches get paid. I know how much these colleges are gaining off these kids. … I’ve always heard the narrative that they get a free education, but you guys are not bringing me on campus to get an education, you guys are bringing me on it to help you get to a Final Four or to a national championship, so it’s just a weird thing.”

The fiction of the “Student Athletes” is little more than slave labor, and the NCAA itself has used forced prison labor as a justification for its practices in court cases.

It needs to be shut down.

Why There Are Taxi Medallions

While the various internet based taxicab firms are generally dismissive of regulation in their pursuit of “disruption”, they have particular contempt to things like medallion systems that limit the number of taxis in cities.

The justification for medallion systems has always been that allowing unlimited taxis would create more traffic congestion, while entities like Uber and Lyft have always maintained that their services would reduce congestion.

Well, the studies have come in, and the justification for medallions has been proved right:

Despite being heralded as services that will reduce congestion on our streets, ride-hailing companies like Uber and Lyft actually are making traffic problems worse, a new study from Boston’s Northeastern University has revealed.

The study showed that in many cities rather than encouraging commuters to leave their own personal vehicles for shared rides, the apps are instead siphoning ridership from higher-capacity transportation options such as buses and subways. The report also found that riders do not use the apps to connect to existing public transportation lines, as Uber founder Travis Kalanick has suggested, but primarily to travel directly to their final destinations.

This is not at all surprising: A car on the road is a car on the road is a car on the road.

While the Uber and Lyft Gypsy cab services might open up a few parking spaces, they have the effect of increasing the numbers of cars driving at any given time.

I am not necessarily a fan of medallion systems to limit the numbers of taxis on the streets, it converts a permit created for the public good into a negotiable financial instrument, I object to private profit being created through regulatory arbitrage in this manner, but it is clear that cars for hire need to be limited to serve the public good.

It’s About Ireland, and Luxembourg, and ………

The EU is moving to tax gross revenue on digital sales based on where the purchaser is located.

If it sounds extreme, it’s not. It’s a sales tax, much like the VAT, which is universal throughout the European Union.

The above article presents this as something unprecedented, but it is not, and the proximate cause is because any number of countries in the EU, most notoriously Ireland and Luxembourg, compete economically by being tax havens.

This is a simple and elegant solution, and it is in no way protectionist or discriminatory.

Free trade should not be synonymous with tax evasion.

No Blogging Tonight

Between my cold in generally running around, I was so out of it today but I left the restaurant where I had lunch without paying my tab.
I realized this when I left work and looked at my take out. ( Pancakes, I had breakfast for lunch.)
So, I went back to the restaurants, paid my tab, and tipped generously.
In any case, I have concluded that I cannot maintain my usual levels of coherence.  (That sentence positively buggers the mind, doesn’t it?)
So, I am taking a not particularly well deserves evening off.

Posted via mobile

Stopped Clock, H1B Edition

It appears that any number of abusers of the H1B program, like Tata, Wipro, and Infosys, who make big bank on gaming the H1B visa program, are incensed that they will now have to provide evidence that they are actually bringing people in to fulfill an otherwise unavailable talent:

The United States Department of Homeland Security’s Citizenship and Immigration Services has released new and strict rules for H-1B visas, the permit used by many-a-tech-company to bring skilled workers to the USA from abroad.

President Donald Trump campaigned on a promise to restrict use of the visas, which he claimed are used to import workers who are paid less than locals and therefore make it harder for US citizens to get a job. Trump was also uncomfortable with outsourcers’ use of the visa, saying they displaced American workers. Labour hire agencies also sought the visa, bringing in people and then finding them jobs after they arrived.

The USA’s recently cracked down on employers who use the visa, with more inspections to make sure they’re not being abused.

Now a new Policy Memorandum (PDF), released late last week, revealed the Trump Administration’s plans to make H-1B visas harder to obtain by requiring extensive documentation about exactly what workers will do, why they’re needed and where they will work.

Now, if you’re familiar with the H1-B program, but have not followed it closely, you are probably asking yourself, “Wait, this is supposed to be for workers who are unavailable inside the US, why weren’t they already required to provide, ‘Extensive documentation about exactly what workers will do, why they’re needed and where they will work,’?”

If you have followed it closely, you know that the program has NEVER really been about finding unique and special talents that cannot be found in America.  It has ALWAYS been about getting cheap labor to keep wages down, particularly in the tech industry.

Applicants will now need to demonstrate they are already an employee of a stateside organisation, while businesses who hire H-1B holders must provide signed “detailed statements of work or work orders” and a letter detailing “… the specialized duties the beneficiary will perform, the qualifications required to perform those duties, the duration of the job, salary or wages paid, hours worked, benefits, a detailed description of who will supervise the beneficiary and the beneficiary’s duties, and any other related evidence.”

Ummm ……… If you do not already know the duties required and the other details listed above, then your H1-B application is fraudulent.

I understand that this policy likely is more driven by a general hostility to immigration than it is a concern about fair wages for skilled workders, and I expect this to be walked back significantly under pressure from tech lobbyists and the cheap labor crowd, but it’s a good start.

Linkage

The song stylings of Kate Micucci and William Macy:

Party Unity for Thee but Not for Me

There are a number of Democratic candidates competing for the nomination in TX-7, a district that appears to be competitive this year.
It appears that they really want a corporate drone in this race, so the that appears to be DCCC has released opposition research against one of the candidates, Laura Moser:

The campaign arm of Democrats in the U.S. House of Representatives set its sights on a surprising target Thursday: Democratic congressional hopeful Laura Moser.

The Democratic Congressional Campaign Committee posted negative research on Moser, a Houston journalist vying against six other Democrats in the March 6 primary to unseat Republican U.S. Rep. John Culberson. Democrats locally and nationally have worried that Moser is too liberal to carry a race that has emerged in recent months as one of the most competitive in the country.

The DCCC posting, which features the kind of research that is often reserved for Republicans, notes that Moser only recently moved back to her hometown of Houston and that much of her campaign fundraising money has gone to her husband’s political consulting firm. It also calls her a “Washington insider.”

………

Texas’ 7th Congressional District is new offensive territory for Democrats and an ancestral GOP stronghold. But Hillary Clinton carried the district in 2016, and a flood of Democrats soon raced to run for the seat.

Moser’s bid has been picking up momentum practically daily. Earlier on Thursday, her campaign announced it had raised nearly $150,000 in the first 45 days of the year. And in recent months she has amassed a massive online following for a first-time Congressional candidate. She is also a favorite interview subject of national publications and women’s magazines and has a passionate following among many people who supported U.S. Sen. Bernie Sanders’ presidential campaign in 2016.

This weekend, she is set to host actress and activist Alyssa Milano in the Houston-area district to help get out the vote during early voting.

Seriously, you have a candidate who is raising money and creating enthusiasm, but you are going to push an anti-union lawyer (Emily’s list) and a former Goldman Sachs executive (DCCC) because they are releasing f%$#ing opposition research in the f%$#ing primary. (Link)

Seriously, the party apparatus is hopeless.

Important Notice: You Have the Right to Hire a Giant Squirrel to Tell Someone To, “Eat Sh%$”

Employee killing coal magnate Robert Murray was upset when John Oliver hired a man in a giant squirrel suit to tell him to, “Eat Sh%$.”

Murray, a notoriously thin skinned and litigious individual, sued Oliver for defamation and emotional distress, and now a judge has thrown out his case.

One hopes that there will be sanctions against both Mr. Murray and his counsel:

West Virginia judge Jeffrey Cramer is dismissing a defamation lawsuit against John Oliver stemming from a segment in which a giant squirrel named “Mr. Nutterbutter” told coal baron Robert Murray to eat shit, according to the Hollywood Reporter. HBO and Partially Important Productions had asked that the suit be dismissed because the facts in Oliver’s segment were based on government reports, and the more insulting statements—like Oliver’s assessment that Murray resembles “a geriatric Dr. Evil”—could not be proven true or false. Judge Cramer agreed, and on Wednesday, informed attorneys by letter that he planned to dismiss the case. The judge’s letter is a lot less funny than the West Virginia ACLU’s amicus brief, but has the advantage of being dispositive.

Lawyers for Murray, whose company lost six miners and three rescue workers in the Crandall Canyon Mine collapse, said in their initial complaint that “nothing has ever stressed him more” than the Last Week Tonight segment, in which a gigantic squirrel named “Mr. Nutterbutter” presented a novelty check for “three acorns and eighteen cents” made out to “Eat Shit, Bob!” (The memo line on the check read “Kiss My Ass,” which does indeed sound stressful, but maybe not “mine collapse with multiple fatalities” stressful.) To be fair, most of the complaint revolved around whether or not Oliver correctly characterized Murray’s handling of the Crandall Canyon Mine collapse, but Mr. Nutterbutter did play a prominent part:

 51. Instead, Defendants continued their ruthless character assassination and attack on Plaintiffs’ business reputations by describing Mr. Murray as someone who “looks like a geriatric Dr. Evil” and arranging for a staff member to dress up in a squirrel costume and deliver the message, “Eat Shit, Bob!” to Mr. Murray.

 52. If that were not enough, after the live taping, Defendant Oliver exclaimed to the audience that having someone in a squirrel costume tell Mr. Murray to “Eat Shit” was a “dream come true.”

I do not know if there is anti-SLAPP legislation in West Virginia, but there should be.

BTW, you can find the ACLU’s amicus brief in support of Oliver here, and it is well worth the read.

Here is a selection of their brief for your amusement:

4It should be noted that the very mean comparison arose from both a striking physical resemblance between the two characters and a statement by Plaintiff’s General Counsel with an uncanny similarity to statements made by a more youthful Dr. Evil. Compare Coal Operator Sues Beacon Journal Over Portrayal of Him in Article, ATHENS NEWS, (Jan. 29, 2001), https://www.athensnews.com/news/local/coal-operator-sues-beacon-journal-over-portrayal-of-himin/ article_24549e9b-de35-5b4c-b3c6-2ad29b33f694.html (Plaintiff’s General Counsel noting that although he could not legally demand one billion dollars, the figure did reflect the potential damages of the article that gave rise to that suit—this can reasonably be interpreted to mean Plaintiff’s General Counsel wanted to demand one billion dollars); with Pierre Pavia, Dr Evil in 1 Million Dollars, YOUTUBE, (Jul 11, 2008), https://www.youtube.com/watch?v=cKKHSAE1gIs (a young . . . er Dr. Evil demanding “one million dollars,” “one hundred billion dollars,” and “one billion gajillion fafillion shabadoodalooyim[inaudible]million yen”).

It’s Time to Go………

Dianne Feinstein* has lost the endorsement at the Democratic Party state convention, which, considering her long tenure as Senator, is rather remarkable:

Despite over a quarter-century representing California in the Senate, Dianne Feinstein in a humiliating setback was denied the endorsement of the California Democratic Party on Saturday, signaling a shift away from moderates at the highest levels of the state political infrastructure.

State Sen. Kevin De León, offering the strongest challenge to Feinstein since her election, garnered 54 percent of the vote of nearly 3,000 delegates gathered here at the state convention, compared to just 37 percent for Feinstein. The state party endorsement gives candidates coveted placement on state party mailers and can raise the profile of candidates who may have a deficit in fundraising. It’s not like Feinstein has a need to raise her profile in the state, and has plenty of money to get her message out. But denying the party endorsement to a sitting U.S. Senator is a remarkable turn of events for a lawmaker who has been a fixture in California politics going back to her days as a San Francisco board supervisor, where she was first elected in the late 1960s.

Had De León hit 60 percent, he would have won the endorsement outright. As it is, neither can claim it.

Obviously, a vote at a state party convention is not a vote in a primary or a general election, but given California’s jungle primary, Feinstein and De León will probably face off in the general, and while Feinstein is leading in the polls 46-17, she is polling under 50%, and everyone knows her name, while De León’s name recognition is far less.

I think that Feinstein seriously needs to reevaluate her options.

*Full disclosure, though I have never met her, we are 2nd cousins 1 time removed, though we have never met.

And Now We are at Dueling Memos

Following the Nunes memo, the Schiff memo has been issued in redacted form.

Rather unsurprisingly, it shows that Nunes was a complete tool of the Trump campaign that he is (nominally) investing:

The FBI team investigating the 2016 Trump campaign’s contacts with Russians had already opened inquiries into multiple people connected to the campaign when it received a controversial dossier alleging illicit ties between then-candidate Donald Trump and the Kremlin, a Democratic memo released by the House Intelligence Committee revealed Saturday.

The dossier, compiled by former British spy Christopher Steele, wasn’t provided to the FBI’s counterintelligence team until mid-September 2016, according to the memo. By then, the counterintelligence investigation into Trump’s campaign was seven weeks old. “The FBI had already opened sub-inquiries into … individuals linked to the Trump campaign,” according to the findings of the committee’s nine Democrats.

The committee posted the heavily redacted 10-page document Saturday after weeks of wrangling between the panel’s top Democrat, Rep. Adam Schiff of California, and Justice Department officials over the contours of classified material he hoped to release.

Much like in Watergate, we are seeing coverups, and much like Watergate, it will be the coverups that can prove Trump and his Evil Minions™ downfall.

Mixed emotions here, because I do not look forward to President Pence.

Expect the Fecal Matter Hitting the Rotary Impeller

We now have a date certain for when the US embassy will move to Jerusalem, so I would advise you to avoid travel to Israel in mid May:

The U.S. Embassy in Israel will move from Tel Aviv to Jerusalem in May, coinciding with the 70th anniversary of Israeli independence, the State Department said Friday.

The embassy, initially to be located in the current premises of the U.S. Consulate in Jerusalem’s Arnona neighborhood, will expand in and near that site next year but will eventually move to new premises President Trump has said will be constructed, according to a statement issued by State Department spokeswoman Heather Nauert.

The cost of that building is expected to run into the hundreds of millions of dollars. Las Vegas casino magnate Sheldon Adelson, a major Republican donor, has offered to fund an unspecified part of the construction, according to an administration official who confirmed an Associated Press report.

I do believe that Jerusalem is the Israeli capital, though the final boundary between this capital is something to be negotiated between the Israelis and the Palestinians.

So on one level, I see the recognition of Jerusalem as a recognition of reality.

On another level, we know that we are going to see a LOT of unrest and disruption as a result, and I expect a spate of attacks and retaliations.

This will not be pretty.

Your Mainstream Media

This week, the New York Times rightly called so-called firearms expert John Lott a fraud.

Last week, they published an OP/ED on gun control by John Lott:

Remember last week, when the New York Times ran an op-ed from the gun ‘researcher’ John Lott, who has been thoroughly and consistently debunked by basically everyone else who researches gun violence?

Apparently, the Times —yes, the people wot run the bad op-ed in the first place—does not remember! The paper issued an editorial today on criminal justice reform, which included this paragraph dunking on Lott:

Perhaps the most insidious part of the Trump administration’s approach to criminal justice lies in its efforts to link crime to its broader crackdown on immigration. In a speech last month, Mr. Sessions said undocumented immigrants are far more likely than American citizens to commit crimes, a claim he found in a paper by John Lott, the disreputable economist best known for misusing statistics to suit his own ideological ends. In this case, it appears Mr. Lott misread his own data, which came from Arizona and in fact showed the opposite of what he claimed: Undocumented immigrants commit fewer crimes than citizens, as the vast majority of research on the topic has found.

I would like to note that I also linked to that same Cato Institute debunking of Lott’s racist fake research, which tells me the Times editorial board is reading my posts. Hi!!! You should all resign!!!

 Seriously.  Who does the New York Times think that they are?  The Wall Street Journal?

Cheer the IT Revolution

It turns out that the increasing use of electronic health records saves neither time nor money, but this hasn’t stopped a rush by the government and the private healthcare industry from

I thought of working words like “debacle,” “scam,” or “bezzle” into the headline, but today is my day to be kind (and the entire topic really demands that I pull on my yellow waders and write another “Credentialism and Corruption” post, which I might do at a later time). However, the headlines give a sense of what a bombshell this study should be for the EHR industry. On the spectrum from reluctant admissions all the way through to The Bezzle:

  1. Electronic health records don’t cut administrative costs Harvard Gazette (February 20, 2018).
  2. Electronic Health Records Don’t Reduce Administrative Costs Harvard Business School (February 20, 2018).
  3. EHRs fall short in reducing administrative costs Health Data Management (February 21, 2018).
  4. Why health IT experts think Apple will succeed where Google failed with medical records Health IT and CIO Review
  5. An Introduction to Medicalchain: Blockchain for Electronic Health Records CryptoSlate. (This is from February 8, but I couldn’t resist.)

The complete study (an “Original Investigation”) is here at the Journal of the American Medical Association. Unfortunately, the study is paywalled, and the study material that JAMA exposes muffles the bombshell. From the abtract, the methodology:

IT is going to change the world making unachievable claims based on bad/non-existent evidence, and all we have to do throw money at them.

The Most Contemptible People in the World

That would be the National Collegiate Athletic Association, which is literally arguing that its “student athletes” are slaves:

In the United States, college athletes — particularly those who compete at some of the largest football and basketball programs — generate not millions but billions of dollars for universities, brands, and television networks. In 2015, the top programs made a combined $9.1 billion. The NCAA, for its part, just signed an $8.8 billion dollar deal with CBS to air March Madness, the college basketball championship tournament.

………

That very obvious dynamic undergirds a lawsuit filed by former NCAA athlete Lawrence “Poppy” Livers asserting that scholarship students who play sports are employees and deserve pay. The Livers case argues that student-athletes who get scholarships should at least be paid as work-study students for the time they put in.

What the NCAA did in response to the lawsuit is as vile as anything going on in sports right now. I had to see it for myself before I believed it. At the root of its legal argument, the NCAA is relying on one particular case for why NCAA athletes should not be paid. That case is Vanskike v. Peters.

Only there’s an important detail: Daniel Vanskike was a prisoner at Stateville Correctional Center in Joliet, Illinois, and Howard Peters was the Director of the state Department of Corrections. In 1992, Vanskike and his attorneys argued that as a prisoner he should be paid a federal minimum wage for his work. The court, in its decision, cited the 13th Amendment and rejected the claim.

The 13th Amendment is commonly hailed as the law that finally ended slavery in America. But the amendment has an important carve-out: it kept involuntary service legal for those who have been convicted of a crime. “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction,” the amendment says. It’s that phrase — “except as a punishment for crime” — which allows American prisons to force their inmates to do whatever work they want or need them to do.

The use of the case stems from several other law cases alleging unpaid labor; two of them are previous lawsuits against the NCAA in which the case was cited as precedent, and the NCAA won.

………

In their response to the NCAA’s motion to dismiss, Livers’s lawyers are arguing that the precedent was mistaken for applying the 13th Amendment exception for unpaid prison labor in a case dealing with non-prisoners.

“Defense Counsel’s insistence that Vanskike be applied here is not only legally frivolous, but also deeply offensive to all Scholarship Athletes – and particularly to African-Americans,” Livers’s rebuttal to the NCAA’s motion says. “Comparing athletes to prisoners is contemptible.”

 The NCAA is showing an incorrigible nerve to use this case, Vanskike v. Peters, as one of its justifications for not paying student-athletes. The Vanskike case has been cited in the 3rd Circuit Court of Appeals 14 times before, but in each of those 14 cases there were prisoners arguing that they should be paid a fair wage for their work.

Yet the NCAA wants to rely on this case and to call on the 13th Amendment. The body that runs college sports wants to use a justification for the slave labor of convicted criminals to justify its outrageous greed.

I have an idea for a sporting event, it would involve senior NCAA officials fighting each other to the death.

We could call it the Hunger Games.